Introduction

While a handful of scholars have written about litigation lending, a precursor of litigation finance, this Article describes the empirical reality of institutional investing in litigation in the United States, identifies and addresses the prospect of securitization of legal claims, and discusses third-party funding of international arbitration. It also applies a bargaining analysis to the debate on the desirability of any type of litigation finance or lending. Part I of this Article will provide the background necessary to place the new industry in context, including a ...